Twin  creek  farms      Corrected

Walburg,  Texas                         Phase  One                    Declaration of Covenants

Williamson  County                                                             Conditions & Restrictions 
 

Mickan Inc., General Partner, Curtis W. Mickan & Marilyn K. Mickan, Limited Partners ‘dba’

Twin Creek Farms, (“Declarant”) is the  owner of all real property as recorded in the - -{Legal Description; See Attached Exhibit ‘A’}- - of Williamson County, Texas.  The lots (acreage segments) and the development are referred to herein as the “Property”.  Declarant intends to convey, and will convey, the Property subject to these protective covenants, conditions, restrictions, easements, and charges.  Future buyers and owners of lots in the development are referred to below collectively as “Owners” and singularly as “Owner”, and include their legal representatives, heirs, successors, and assigns.

     Therefore, it is declared that (i) all Property shall be held, sold, and conveyed subject to the following easements, covenants, conditions, charges, and restrictions, which are for the purpose of protecting the value and desirability of the Property, and which shall run with the land and be binding upon any and all persons having any right, title, or interest in or to the Property, or any part thereof. 

I.  PURPOSE 

The Property is hereby encumbered by the covenants, conditions, restrictions, easements, and charges set forth below, in order to:

  1. Insure the best and highest use and the most appropriate development and improvement of each lot within the Property for residential purposes;
  2. Protect the Owners of lots against the improper use of surrounding lots;
  3. Preserve, so far as practicable, the natural beauty of the Property;
  4. Guard against the erection of unsightly structures of improper or unsuitable materials;
  5. Encourage and secure the proper continued maintenance of the land and improvements on each lot;
  6. Secure and maintain the proper use of easements within the Property;
  7. Preserve, as far as practicable, lines of sight from the lots; and
  8. In general, provide for a residential subdivision of the highest quality to enhance the value of the investment made by the Owners in purchasing lots for constructing homes.
 

II.  ARCHITECTURAL  CONTROL 

  1. Architectural Control Committee.  An Architectural Control Committee (the “Committee”) shall be designated and compose of three (3) members chosen by Declarant.  The following persons are hereby designated as the initial members of the Committee:  Curtis W. Mickan, Marilyn K. Mickan, and Danny Swafford, Jr.  The Committee shall serve at the pleasure of the Declarant, its successors and assigns, and a member of the committee may resign or be removed as Declarant may choose.
  2. Submission and Approval of Plans.  Every Owner of Lot(s) who intends to build improvements on subject shall deliver a complete set of construction plans, complete Committee application including application fee of  Three Thousand Dollars and no/100 ($3,000.00) and a checklist with all specifications items on the checklist delivered to the Committee at 3003 Dawn Dr., Suite 107, Georgetown,  TX  78628, or such other address as may be designated by the Committee, along with the Architectural Control Committee application fee not less than thirty (30) days prior to the date construction on the Lot is to be commenced.  No structure or improvement (including, but not limited to, buildings, fences, walls, landscaping, pools, driveways, or site clearing) shall commence or be placed or altered on any Lot until the Plans receive preliminary approval in writing by a majority of the members of the Committee.  Any construction other than normal maintenance, which in any way alters the exterior appearance of any improvement or the removal of any improvement shall be performed only with the prior written approval of the Committee.  The Plans shall include all architectural and engineering plans, plus; information on exterior materials, colors, and elevation (including roof type and color); a drainage plan, site plan showing the location of every proposed structure or improvement; a landscaping plan; a driveway construction plan; and any other information or documents which may be required by the Committee.  Each site plan shall be accompanied by a written certification by a registered professional engineer to the effect that the site plan conforms to requirements of this Declaration.  In regard to construction which does not involve the construction or substantial remodeling or rebuilding of the residence, the Committee may, in its sole discretion, accept submission of fewer than all of the foregoing materials.  The Committee may postpone its review of the Plans pending receipt of any information or materials which the Committee, in its sole discretion, may require.  Copies of the Plans may be retained by the Committee.  The Committee may refuse to approve the Plans on any grounds, which, in the sole and absolute discretion of the Committee, are deemed sufficient, including, but not limited to, purely aesthetic grounds.  In reviewing the Plans, the Committee shall be guided by, but not limited by, the checklist set forth in Article I of this Declaration.  Initial approval will be preliminary and final approval shall be granted upon inspection and approval of the completed home, landscaping, fences, and any other improvements subject to the Committee’s review.                                                                  It is specifically understood and provided that approval by the Committee of any Plans or components thereof, shall not constitute a certification or assurance of compliance with this Declaration, Deed Restrictions, or applicable law.  The full burden of responsibility for compliance with all such requirements shall at all times be and remain upon the Owner.          
  3. Adoption of Rules and Regulations.   The Committee shall have the authority to adopt, and to amend from time to time, such procedural and substantive rules, not in conflict with this Declaration, as it may deem necessary or appropriate for the performance of its duties hereunder.
  4. Action of the Committee.  The vote of the majority of all of the members of the Committee shall constitute an act of the Committee.  The Committee may, by resolution, unanimously adopt in writing, designate one or two of its members, or an agent acting on its behalf, to take any action or perform any duties for and on the behalf of the Committee, except the granting of variances.
  5. Failure to Act.  In the event the Plans are submitted to the Committee as provided above, and the Committee shall fail either to approve or reject the Plans within thirty (30) days following the submission of all Plans require by the Committee, no approval of the Committee shall be required, and approval of the Plans shall be presumed; provided, however, that such thirty (30) day period shall not begin to run until all information required by the Committee to assist the Committee in its review has been received.  Any failure of the Committee to act upon a request for a variance, however, shall not be deemed a consent to the variance, and the Committee’s written approval of all requests for variances shall be required.     
  6. Variances.   The Committee may grant a variance from compliance with any of the provisions of this Declaration or any supplemental declaration, when, in the opinion of the Committee, in its sole and absolute discretion, the variance will not be adverse to the overall development plan for the Property, and the variance is justified due to visual or aesthetic consideration or unusual circumstances.  All variances must be evidenced in writing and must be signed by at least one of the members of the Committee.  The granting of a variance shall not operate to waive or amend any of the terms and provisions of this Declaration or any supplemental declaration for any purpose except as to the particular property and in the particular instance covered by the variance.  A variance shall not be considered to establish a precedent for any future waiver, variance modification, or amendment of the terms and provisions of this Declaration.   
  7. Duration of Approval.  The approval or consent of the Committee of any plans, whether by action or inaction, and any variances granted by the Committee, shall be valid for a period of three (3) months only, unless construction in accordance with the plans or variance is commenced on a Lot within that 3 month period, the Owner shall be required to resubmit the plans or the request for a variance to the Committee.  The Committee shall then have the authority to reevaluate the plans or request in accordance with this Article and may, in addition, consider any changes in circumstances which may have occurred since the time of the original approval. 
  8. No Waiver for Future Approval.  The approval of the Committee to any plans or variance request shall not be deemed a waiver of any right to withhold approval or consent as to any other plans or variance request, or other matter whatever, nor shall the approval or consent be deemed a precedent for future approvals by the Committee. 
  9. Non-Liability of Committee Members.  Neither the Committee nor any member thereof, shall be liable to any Owner or to any other person for any loss, damage, or injury arising out of the performance or non-performance of the Committee’s rights and duties under this Declaration. 
 
 

III.  GENERAL  RESTRICTIONS 

A.     Subdividing.  No lot shall be further divided or subdivided nor may any easements or other interests therein less than the whole be conveyed by the Owner thereof without the prior written approval of the Declarant; provided, however, if the Declarant is the owner thereof, Declarant may exercise the rights of further development of the Property.  Nothing herein shall prevent an Owner from building across Lot lines, subject to normal Committee approval, so long as such construction does not interfere with any easements along Lot lines.  No Lot shall be less than ONE (1) acre.  Owner shall establish one residency maximum per Lot.   In the event two or more lots are joined, the Owner shall pay assessments at the rate of 85% per additional Lot of the regular assessment.

  1. Land Use & Clearing.  All lots shall be used for single family residential purposes only, and no building or improvement shall be erected, altered, placed, or used, or permitted to remain on any Lot except as authorized under this Declaration.  Any removal of trees or shrubbery, or other natural plants, must be approved by the Committee.
  2. Minimum Floor Area & Exterior Matters.
  1. Square Footage.  Any dwelling of a single-story design shall contain a minimum of 2000 square feet of air-conditioned floor area, exclusive of porches, garages, decks, patios, breezeways, terraces, and balconies.  Any dwelling of a two-story design shall contain a minimum of 2300 square feet of air-conditioned floor area within the similar exclusions as single-story construction.
  1. Stories.  No dwelling shall exceed two (2) stories in height.
  2. Exterior Materials.  One Hundred percent (100%) of the exterior of each dwelling shall be of masonry or masonry-like construction.  (In computing this percentage, all gables and window and door openings shall be excluded from the total area of exterior walls)
  3. Roof.  Roofs may be constructed of either (a) minimum 25-year life or greater composition shingles or (b) concrete or clay tile or (c) approved metal.  If metal is used, the metal surface must have a dull finish upon installation, and must meet Committee approval as to all aspects of it, including color, type, and finish.            

D.     Foundations.  Not more than two feet (2ft.) of vertical surface of concrete slab of any dwelling shall be exposed to view from any public street or adjacent Lot.

  1. Building Setbacks. 
  1. Conforming Lots:  Front Setback. (The street is considered “front” of a Lot)All Lots must have a minimum of 100 feet at front.  The primary dwelling shall be constructed beginning at the front setback, or within an acceptable distance within the setbacks as approved by the Committee.
  1. Rear Setback.  All Lots must have a minimum of 100 feet at back.
  2. Side Setback.  All lots must have a minimum of 50 feet at each side.
  3. Non-Conforming Lots:  Corner lot numbers – 15, 18, 34, 35, 38, 39, 40, 44, & 45  shall have a front setback of 100 feet as established on the final recorded plat.  The secondary “street side” minimum setback is 50 feet as established on the final recorded plat.  Corner lot number 2 shall have a 50 feet perimeter setback with a west side front.  Corner lot number 4 shall have a west side setback of 100 feet and a front, rear and east side setback of 50 feet as established on the final recorded plat
  1. Garages and Driveways.
  1. Garages.  All garages shall comply with all restrictions, covenants, conditions and limitations on use provided for other improvements in the development.  All garages shall be suitable for not less than two (2) automobiles, nor more than four (4) automobiles.  All garages shall consist of enclosed structures and no carport shall be permitted on any Lot. 
  2. Driveways.  All garages must have a concrete approach measuring not less than the width of the garage entry door(s) and extending a minimum of twenty (20) feet from the garage.  Driveway material and location must be submitted by Owner and approved by Committee.
  1. Construction Commencement & Unfinished Structures.  Owner must commence construction within two years (24 months) from the date of the Lot purchase.  No house or other structure shall remain unfinished for more than 270 days after the foundation has been commenced.  No building materials shall be stored on the Lot until the Owner is ready to commence construction.


 

  1. Prohibited Structures.  No tent, shack, carport, or other building or structure except as noted shall be erected on any lot at any time, either temporarily or permanently.  No structure erected elsewhere (Including, but not limited to, existing houses and prefabricated structures) shall be moved to any Lot.  No house trailer, modular or mobile home shall be placed on any Lot.
  2. Barn and Outbuildings.  A single purpose Barn may be constructed on a Lot(s) with a minimum area of Three and one-half (3 ½) acres.  The Committee reserves the right to individually approve or deny plans, construction materials, and setback location on an ‘as need’ basis.  Outbuildings may be presented under similar guidelines and shall comply with all restrictions, covenants, conditions, and limitations on use provided for other improvements in the subdivision.
  3. Travel Trailers, Livestock Trailers, and Recreational Vehicles.  Travel trailers, livestock trailers, campers, boat and or boat trailers, and recreational vehicles of all types which are kept on a Lot, shall be kept within a garage, barn or outbuilding and not be visible from neighboring property or from public or private streets and shall never be used as a temporary or permanent dwelling.  No motorized vehicles of any kind shall be operated in any manner, which is dangerous, noisy, or creates a disturbance or nuisance.  No Bus, semi-trailer, tractor, machinery, equipment, truck, boat, trailer or recreational vehicle of any type shall be kept, parked, placed, maintained, constructed, or repaired on or in the street or driveway in front of the house on any Lot, except for construction and repair vehicles during the period of construction on a Lot.  No motor vehicle of any type shall be constructed or repaired on the street or on any Lot in a location that is visible from any street, access, or neighboring property.   
  4. Plumbing, Butane & Fuel Tanks, and Water Devices.  All residences shall be equipped with approved sanitary plumbing fixtures and proper disposal of waste {See Septic Systems}. Plumbing installation shall meet the requirements of the National Plumbing Code.  No Butane or fuel tank or other structure or facility for the storage of combustible fuels shall be placed or maintained on any Lot unless it is underground (except for small tanks used for outside grills).  Gasoline storage tanks are prohibited.  All water purifiers and softeners, irrigation systems, or water storage facilities must be located within the garage; dwelling or Committee approved out-building and must not be visible from neighboring lots.
  5. Septic Systems.  All septic tank and soil absorption, sewage disposal systems shall be constructed in accordance with the minimum requirements of the Division of Sanitary Engineering of the Texas State Department of Health and in conformity with the restrictions outlined by the Williamson County Health Department.  Written certification by the inspecting authority that the system complies with applicable requirements shall be presented to the Committee by the Owner of a Lot prior to occupancy of the premises.
  6. Dumping, Rubbish, Garbage, & Storage. No rubbish, trash, junk, ashes, scrap, building materials, inoperative vehicles, or other unsightly storage of personal property is allowed on any portion of any Lot.  Trash, garbage, and other waste shall be stored in “animal proof” sanitary containers. All trash cans and other equipment for storage of trash materials shall be kept clean and shall not be visible from the street.  Declarant shall designate a commercial waste disposal location for Owners trash disposal.  Small (less than 10’ x 10’) compost personal gardening are allowed so long as it is not heaped and visible from the street and there is no odor.  Owner is responsible for removing livestock waste from the Lot as necessary to promote a healthy environment and not less than within a regular monthly schedule.
  7. Antennae, Satellite Dishes.  No external antennae, satellite receiving dishes or other structures designed or used for receiving any type of radio, television, or other type of communication signal shall be located on any Lots or dwelling without the prior written consent of the Committee.
  8. Clotheslines.  No clotheslines shall be constructed, placed, erected or used on any Lot in such a way as to be visible from outside that Lot.
  9. Poles, Lights, Flagpoles.  No poles, exterior overhead lights, flagpoles, or other similar structures shall be constructed or maintained upon any Lot without the prior written consent of the Committee.  This shall not be construed to prohibit attractive landscaping lighting or security lighting that does not intrude on neighboring Lots.
  10. Solar.  All solar panels or other solar collection devices must be constructed or added as an integral part of the architectural design of the dwelling, and their design and installation require the approval of the Committee.  
  11. Fences. All fencing locations and material require the prior written consent of the Committee.  The Committee may in its discretion, prohibit the construction of any fence, or specify the materials of which any fence must be constructed, or require that any other proposed fence be screened by vegetation or otherwise so as not to be visible from other portions of the Property.
  12. Signs.  No signs of any character shall be allowed on any Lot except one done professionally for identification purposes; provided, however, that the Declarant have the right during periods of development, construction, and sales to construct and maintain signs as may be reasonably convenient for such construction and sales.  In addition, when a Lot or home is for sale, One (1) “For Sale” sign may be placed on the Lot, but it may not be larger than nine (9) square feet (3ft. x 3ft.).
  1. Address Signs.  A recessed address sign of either concrete or metal must be set into the front wall of all houses.  The sign must have Four-inch (4”) numerals, but no more than Six-inch (6”) in overall height, and have an appropriate overall width so as to accommodate all numerals.  The sign must be situated so as to be visible from the street.
  1. Other Markers.  A structured ‘yard monument’ (not to exceed 42” in height) may be placed near the front entry of the Lot upon Owner’s application and  presentation and written approval of the Committee.  No overhead gate entry or overhead markers will be permitted.
  1. Animals, Household Pets.  No animals, including pigs, hogs, poultry, fowl, wild animals, sheep, goats, or any other type of animal not considered to be a domestic household pet within the ordinary meaning and interpretation of such words may be kept, maintained, or cared for on the Lot; except for horses and cattle (Two (2) head of livestock per Lot of Three and one-half (3 1/2) Acres, minimum).  No animal shall be allowed to make an unreasonable amount of noise or to become a nuisance, and no domestic pets will be allowed on the Property other than the Owners Lot unless confined to a leash.  No animal may be stabled, maintained, cared for, kept or boarded for hire or renumeration on the property except as those accommodations as provided by Declarant.  No kennels or breeding operation shall be allowed.  No animal shall be allowed to run at large, and all animals shall be kept within enclosed areas which must be clean, sanitary, and reasonably free of refuse, insects, and waste at all times.  Such enclosed area shall be constructed in accordance with plans approved by the Committee, shall be reasonably designed and constructed to adequately contain such animals in accordance with the provisions hereof.
  1. Mailboxes.  Postal delivery shall occur at the Declarant designated area (located near the entry to the development from F.M. 972) subject to the approval of the United States Postal Service.  In the event the U.S.Postal Service does not utilize a “cluster box” system of delivery, all mailboxes and their stands must be of a design and construction as approved by the Committee.
  2. Firearms & Fireworks & Fires.  No firearms, fireworks, or other explosives shall be kept or maintained on any Lot, other than firearms for the protection of an Owner’s family and property, and firearms for sporting and recreational purposes.  No explosives, or fireworks of any type shall be discharged within the Property.  No hunting, including use of bow and arrow, pellet or air guns, or slingshots shall be permitted within the Property unless necessary in order to protect an Owner’s person, family, or property.  No open fires shall be lighted or permitted except within safe and well-designed interior fireplaces or in contained barbecue units while attended and in use for cooking purposes. 
  3. Prohibited Activities.  No business, professional, commercial, or trade venture or activity shall be conducted on any of the Lots; provided, however, that storage areas, model homes, and sales offices may be established and maintained by Declarant, its successors and assigns.  An office incidental to an Owner’s business may be maintained within an Owner’s residence so long as activities conducted in connection with the home office do not attract traffic, otherwise becoming an annoyance or nuisance to the subdivision, and the office is not advertised in any way.  No model homes, information centers, or marketing centers will be permitted on any Lot unless approved by Declarant. A model home, information center, or marketing center is defined as any home which is either furnished or unfurnished and staffed by a sales representative, builder, host or employee to generate home sales.  
  4. Annoyance or Nuisance.   No noxious nor offensive activity shall be carried on upon any Lot, nor shall anything be done which is an annoyance or nuisance to the neighborhood (this includes noise pollution such as barking dogs and loud music).  All exterior lighting shall require the approval by the Committee as a design feature.
  5. Drilling and Mining Operations.  No drilling of any type, and no oil development or refining, quarrying, or mining operation of any kind, shall be permitted upon or in any Lot, nor shall oil wells, oil tanks, tunnels, mining excavations, or shafts be permitted upon the Property.  No derrick, windmill, or other structure designed for use in pumping or boring for oil, natural gas, or other minerals shall be erected, maintained, or permitted upon any Lot, with the exception of water well apparatus upon location and excavation review and authorization by Declarant, written approval by the appropriate State and County regulatory agencies, and final written authorization and approval of the Committee.
 
  1. Land Use.  Utilities, Drainage, Waterways, Terraces, Landscaping, & Lawn Maintenance.
  1. Utility Lines.  Bartlett Electric COOP, or Declarant’s designated utility provider, utility lines will/may be run overhead or underground.  No other utility lines, including, but not limited to, wires, or other devices for the communication or transmission of telephone or cable television or any other type of line or wire shall be erected, placed or maintained anywhere in or upon any portion of the Property unless the same shall be contained in conduit or cables installed and maintained underground or concealed in, under or on buildings or other improvements as approved in writing by the Committee; provided, however, that no provision hereof shall be deemed to forbid the erection of temporary power or telephone structures incident to the construction of buildings or other improvements which have been previously approved in writing by the Committee.  The installation method, including, but not limited to, location, type of installation for both temporary and permanent utilities shall be subject to review and approval by the Committee.
  1. Drainage.  There shall be no interference with the established drainage patterns over any of the Property, except by Declarant, unless adequate provision is made for proper drainage and approved by the Committee.  All drainage structures under private driveways shall have a net drainage area of sufficient size to permit the free flow of water without backwater.  All drainage structures shall be subject to the approval of the Committee.
  2. Waterway Obstructions.  No obstructions of any type, including, but not limited to, fences, dams, and concrete walkways, shall be placed in, on, or across the bed of any waterway adjoining or running through any Lot within the Property, except by Declarant.  “Waterway” as used herein in relation to obstruction, means that portion of the terrain where water would flow in times of normal rainfall.
  3. Terraces & Slopes.  The Committee shall carefully review all proposed improvements which will be placed in Lots with slopes exceeding twenty (20%) percent, and all filling and cutting of the terrain on such Lots shall be kept at a minimum.
  4. Landscaping.  A general landscape plan shall be submitted by the Owner of a Lot and subject to the review and approval by the Committee.
  5. Maintenance of Lawns, Plantings, and Improvements.
  1. EASEMENTS & DRAINAGE AREA
 
  1. Drainage Area & Greenbelt / Bridal Path Easement.  Declarant shall maintain  designated drainage areas, greenbelts or bridal paths in an attractive appearance.  An easement of thirty – five feet (35’) in width adjacent to such designated areas, is expressly reserved on all Lots, if any, and shall be under the Declarant’s sole right, at its absolute discretion, to landscape all areas within drainage areas, including, at Declarant’s option, the installation of roadway lighting, plants, trees, and ground cover.  Fences or other obstructions within the easements are strictly prohibited unless a variance is approved by Declarant.
  2. Utilities & Fencing Easement.    An easement of twenty feet (20’) in width adjacent to the street side  property line is expressly reserved on all Lots for use by public utility companies or Declarant for the purpose of constructing and maintaining fencing, utility conduits, telephone lines, light poles, towers, and other equipment to supply utility services.  Other uses of easements by private utility companies or variances as requested by Owners must be approved in writing by the Committee, which may grant or withhold its consent for any reason, or no reason at all.
 
  1. MAINTENANCE REQUIREMENTS
 
  1. Land.      All plants, shrubs, trees, grass, open fields, and landscaping on a Lot shall be maintained by each Lot Owner in an attractive, trimmed, and neat condition at all times.  The Owner of each Lot, by acceptance of the conveyance of the Lot, agrees to shred, trim, or mow open fields on a regular monthly basis, or as required to maintain an appropriate, attractive, and non-hazardous grass level.
  2. Repairs & Alterations to Structures.    Each Owner shall maintain his dwelling and all improvements on his Lot in good condition and repainting as necessary.  However, any exterior repainting which involves a change in color or any other redecorating, alteration, repair, or improvement which changes the external appearance of a dwelling, shall require the approval of the Committee in the same manner as new construction.  All work shall be done expeditiously, in a good and workmanlike manner, with minimum inconvenience to other Owners.
  3. Acceptability of Maintenance.    The Committee shall have final authority to determine the acceptability of the maintenance and appearance of all Lots and houses, and to determine the necessity for further maintenance of Lots or houses within the Property.  No unsightly Lots or houses shall be permitted at any time.   
  4. Default.      In the event an Owner of a Lot or dwelling shall fail to maintain his Lot or dwelling, or any improvements, in a neat and orderly manner as provided above, which failure is not remedied within twenty-one (21) days following a written notification by the Committee to the Owner, the Committee, its agents or assigns, shall have the right (but not the obligation) to enter upon the Lot and Property and repair, paint, and maintain the Lot and exterior of any and all buildings and other improvements, and the landscaping, all at the expense of the Owner.
  5. Maintenance Expense.    In the event that Declarant or the Committee incurs any expense in maintaining all or any portion of a Lot or dwelling or improvements therein, the costs shall be charged to and paid by the Owner of that Lot or dwelling.  If the Owner fails to pay those costs upon demand, the Committee or the Declarant shall have the right to maintain an action in a court of appropriate jurisdiction to recover any sums so expended, together with reasonable attorney fees and interest at the highest rate allowed by law.
  6. Assessment Lien.      The ‘maintenance fee’ shall be an assessment running with the land, enforceable as a lien against the Lot, as provided in Article VI below.
 


 

  1. GENERAL PROVISIONS
 
  1. Assessments & Maintenance Fees.    All expenses incurred in the improvement, installation of, and maintenance of roadways, fencing, drainage areas, and other areas as incurred by the Declarant, shall, at the option of the Declarant, be paid first by the Declarant, who shall be reimbursed by each Lot Owner paying the sum of Fifty-five dollars ($55.00) per month as a separate ‘maintenance fee’.  This fee shall be payable on the first day of each month beginning upon the closing date of the Lot.  Owners of multiple Lots shall be assessed the full ‘maintenance fee’ on the first Lot and Eighty-five percent (85%) of the ‘maintenance fee’ on each additional Lot.
  2. Increases.      This fee may increase annually, at the Declarant’s option, by the same percentage increase (if any) in the U.S. Consumer Price Index or similar index selected by Declarant.
  3. Interest.        In the event any charge, cost, or other expense or monetary duty is not paid when due, then such amount shall bear interest at the highest rate allowed by law from the due date until paid.   
  4. Enforcement.     The Declarant shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, and reservations now or hereafter imposed by this Declaration, or any supplemental declaration.  Any failure to enforce these covenants and restrictions shall not be deemed a waiver of the right to do so thereafter.  Any violation of these covenants shall not affect the lien of any mortgage or deed of trust of any secured party.  Any person or entity found by a court of appropriate jurisdiction to be in violation of this Declaration shall be liable to the party seeking to enforce this Declaration for all court costs, expenses, and reasonable attorney fees incurred in connection with the enforcement.   
  5. Priority of Liens.    All duties or burdens imposed upon Owners by this Declaration are deemed to impose a lien and charge upon each Lot, including, but not limited to, the “Assessment Lien” described in SV.F, and the obligations described in SV. Above.  In the event of default of any of these obligations by an Owner, Declarant, its successors and assigns, shall have the right to foreclose its lien pursuant to S51.002 of the Texas Property Code.  This lien or charge shall at all times be subordinate to any valid prior lien securing an indebtedness incurred primarily for the purchase money or construction of improvements.     
  6. Severability.      Invalidation of any one or more of the provisions of these covenants and restrictions by judgment or court order shall in no way affect the validity of any other provision, and all other provisions shall remain in full force and effect.
  7. Failure to Construct.     Owner’s failure to comply with SIII.G shall permit Declarant to buy the unimproved Lot at the established purchase price Owner paid to Declarant at the original purchase date.  
  8. Amendment & Duration.    Not withstanding anything to the contrary contained in these covenants, conditions and restrictions, the Declarant shall have, and hereby reserves, the right at any time, without the joinder or consent of any other party or entity (including the Owners) to amend these restrictions, covenants, and conditions by an instrument in writing duly signed, acknowledged, and filed for record in the office of the County Clerk of Williamson County, Texas, so long as the amendment (in the sole discretion of the Declarant) will not be inconsistent with the general, overall plan for the development of the Property.  Each Owner hereby appoints Declarant as its attorney-in-fact for the purpose of effecting the provisions of this paragraph, and this power is coupled with an interest and is irrevocable.  These covenants, conditions, and restrictions shall be effective for a term of thirty years (30 yrs.) from the date this Declaration is recorded; provided, however, that all easements shall be perpetual.  After the 30-year period, these covenants, conditions, and restrictions shall be automatically extended for successive periods of ten years (10 yrs.) each, unless terminated by written instruments signed by the Declarant and the Owners of at least two-thirds (2/3) of the Lots comprising the Property.     
  9. Common Areas.    Property held in title by Declarant and designated as general use, access areas, creeks or water tributaries, boarding stables, storage buildings or  barns, riding trails or ‘common areas’ may be available for use by the Owner under a separate Lease Agreement.  Owner’s use of these designated areas shall be prohibited and deemed  trespassing without the Lease Agreement as executed by Owner and Declarant.

Corrections:Exhibit ‘A’ addendum; Section III, A: ‘85%’; Section IV, B: ‘twenty’; Section VI, H: ‘joinder’; Section III, T: ‘Lot’            {Typographical corrections as of February 11, 1999}